The District of Columbia Partition Deed for Surface Estate is a legal document that determines the ownership and division of a property's surface estate in the District of Columbia. It provides a detailed description of the boundaries, measurements, and location of the property in question. This type of deed is commonly used in cases where co-owners or multiple parties have an interest in the same property and wish to divide the surface estate among themselves. The District of Columbia recognizes different types of Partition Deeds for Surface Estate, depending on the specific circumstances and intentions of the parties involved. These may include: 1. Voluntary Partition Deed: This type of deed is executed when all parties involved mutually agree to divide the surface estate of the property. It outlines the terms and conditions of the partition, including the allocation of specific portions of the property to each co-owner. 2. Judicial Partition Deed: In cases where the co-owners cannot reach an agreement on the division of the property, a judicial partition may be sought. This type of deed is issued by the court and follows a legal process to determine and allocate the surface estate fairly among the owners. 3. Partial Partition Deed: Sometimes, co-owners may wish to divide only a portion of the surface estate while keeping the remaining area undivided. This type of deed specifies the specific portion of the property being partitioned and defines the measurements and boundaries of the divided area. 4. Absolute Partition Deed: In certain situations, co-owners may prefer to completely separate their interests in the property. An absolute partition deed divides the surface estate in a way that allows each party to hold independent ownership and control over their respective portion without any shared interests or liabilities. 5. Tenancy in Common Partition Deed: This type of partition deed is used when co-owners wish to maintain shared interests in the property even after division. It outlines the percentage of ownership each party holds in the divided areas and specifies their rights, responsibilities, and obligations as tenants in common. It is crucial to consult an experienced real estate attorney specializing in District of Columbia property laws to ensure all legal requirements are met and the partition deed accurately reflects the intentions and rights of the parties involved.
District of Columbia Partition Deed for Surface Estate
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How to fill out Partition Deed For Surface Estate?
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The DC recorder of deeds requires two forms when recording deeds: Real Property Recordation and Tax Form FP-7/C. Form FP-7/C is a return form listing details about the transfer?including the amount of consideration. The current owner and new owner must both sign the form.
A Washington, DC, deed must identify by name the current owner (the grantor) transferring the property and the new owner (the grantee) receiving it. Party addresses. A deed should include the new owner's address. DC law does not strictly require the current owner's address, but it is often included.
(a) A general or specific power of attorney executed by a person authorizing an attorney-in-fact to sell, grant, or release any interest in real property shall be executed in the same manner as a deed and shall be recorded with or prior to the deed executed pursuant to the power of attorney.
What is Sale in Lieu of Partition? In Washington, DC, if the court finds that partitioning the property in kind?physically dividing it among co-owners?would result in great prejudice to the co-owners, it may order a sale in lieu of partition.
If your name is on a deed to a house, then that means that you are the property owner. Having your name on a deed means that you have property title, which represents a set of rights you have as a homeowner.
The DC recorder of deeds requires two forms when recording deeds: Real Property Recordation and Tax Form FP-7/C. Form FP-7/C is a return form listing details about the transfer?including the amount of consideration. The current owner and new owner must both sign the form.
The Recorder of Deeds is located at 1101 4th Street, SW, Suite 500, Washington, DC 20024, and is open from 9 am to 3 pm for purposes of recording a deed and from 9 am to 4 pm for all other services. You may contact our Customer Service staff by calling (202) 727-5374.
While recording a deed does not affect its validity, it is extremely important to record since recordation protects the grantee. If a grantee fails to record, and another deed or any other document encumbering or affecting the title is recorded, the first grantee is in jeopardy.
